Phyllis Hampton v. THE MALNATI ORGANIZATION, LLC

Case Summary

According to the complaint, Phyllis Hampton, a visually-impaired individual, is suing The Malnati Organization, LLC for failing to make their website, Loumalnatis.com, accessible to blind users. Hampton alleges that the website contains significant barriers that prevent her and others with visual impairments from completing transactions and accessing services. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the class members affected by the discrimination.

Causes of Action

• Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
• Declaratory Relief
• Negligent Infliction of Emotional Distress

Key Allegations

• Defendant's website is inaccessible to blind individuals
• Plaintiff encountered multiple accessibility barriers on the website
• Defendant failed to provide equal access to services offered on the website

Requested Relief

• Preliminary and permanent injunction to prohibit violations of the ADA
• Injunction requiring compliance with the ADA
• Declaration of discrimination against the blind
• Class action certification
• Payment of nominal damages
• Pre- and post-judgment interest
• Award of costs and expenses
• Punitive damages
• Compensatory damages

Proposed Class

All legally blind individuals in the United States who have attempted to access Loumalnatis.com and as a result have been denied access to the enjoyment of services offered by Loumalnatis.com, during the relevant statutory period.

Jurisdiction & Venue

This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue is proper under 28 U.S.C. §1391(b)(1) and (2).